copni-commissioners-report-web

A Summary of Advice
to Government 2011-2015
The
Commissioner’s
Report

The report is available in other languages and formats on request.
Also available for download at www.copni.org
The Commissioner’s Report:
A summary of advice to Government 2011-2015
Published by The Commissioner
for Older People for Northern Ireland
October 2015
ISBN: 978-0-9930725-7-4
© The Commissioner for Older People for Northern Ireland copyright 2015
You may re-use this information (excluding logos) free of charge in any format or
medium, under the terms of the Open Government Licence. To view this licence,
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email: psi@nationalarchives.gsi.gov.uk.
Where we have identified any third party copyright information you will need
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1
Commissioner’s Foreword 2
Hope, Confidence and Certainty 5
The Inaugural Term – At a Glance 6
About the Commissioner and the Organisation 8
Engagement with Older People 12
Advocacy and Legal Support for Older People 14
Crime Clearance Rates 22
Combating Pensioner Poverty 26
Appreciating Age: Valuing the Positive Contributions
Made by Older People in Northern Ireland 28
Protecting our Older People in Northern Ireland:
A Call for Adult Safeguarding Legislation 32
Working Longer in Northern Ireland: Valuing an Ageing Workforce 36
Supporting Older Carers: Examining the Reasons for the Low Level
of Uptake of Carers Assessments by Older Carers in Northern Ireland 40
Changing the Culture of Care Provision in Northern Ireland 44
Prepared to Care? Modernising Adult Social Care in Northern Ireland 48
Active Ageing Strategy 52
Eliminating Age Discrimination in the Provision of Goods,
Facilities and Services 54
Domiciliary Care 56
Annex 1: List of Powers and Duties 60
Annex 2: Organisational Chart 61
Annex 3: List of Reports Published by the Commissioner for Older People 62
CONTENTS

2
A Summary of Advice to Government 2011-2015
The Commissioner’s Report
COMMISSIONER’S
FOREWORD
It has been a privilege and
a pleasure to serve as the
first Commissioner for Older
People for Northern Ireland.
I have worked with older
people for a large part of my
career and I wholeheartedly
supported the need for a
Commissioner for older
people here. From my work
with and on behalf of older
people I see the need for an
independent champion who
safeguards and promotes the
interests of older people.
All of my work during my
term of office 2011 – 2015 has
been focused on achieving
positive change on the issues
that matter most to older
people.
I have listened to, been
challenged by and worked
with older people, the
organisations that represent
older people, Government,
public authorities, private
sector organisations,
community and voluntary
organisations, faith groups,
trades unions, independent
experts and individuals.
Listening to and understanding
the voices, views and
experiences of older people,
including those who find it
harder to be heard, has been
at the heart of my work. Older
people living with dementia,
those from ethnic minority
backgrounds, lesbian, gay,
bisexual and transgender
older people, those living in
residential or nursing care have
all shared their experiences
with me and given me
invaluable insights into their
lives.
My corporate plan Hope,
Confidence and Certainty
set out key priorities for
action for the use of the
legal powers and duties set
out in the Commissioner for
Older People Act (Northern
Ireland) 2011. In that plan I
promised older people that
I would provide advice to
government that celebrated
the positive contribution they
make to society, promoted
their interests, highlighted
the challenges they face and
helped safeguard them from
the risk of harm. This report
summarises the work my
team and I have carried out to
deliver on that promise.
This summary outlines how
the organisation has evolved
to support my work, and that
of future Commissioners.

3
It describes what work is
undertaken on behalf of
older people on a day-to-day
basis. It goes on to detail the
work that was carried out
in each of the priority areas
of the corporate plan, Hope,
Confidence and Certainty.
At the end of the document
I have provided some
background material about
the powers and duties of the
Commissioner, about my team
and a list of publications for
further detailed information
on the priority projects.
Legal casework managed
by my office has advised,
supported and empowered
individual older people to
help resolve the difficulties
they have with public
authorities.
I have provided advice to
Government on many matters
of concern to older people,
including;
• Much needed
improvements to
‘clearance rates’ when
older people are the
victims of crimes;
• Improved support for
older carers;
• Valuing an ageing
workforce;
• Recognising the positive
economic contribution
that older people make to
society;
• The need for new laws to
reform adult social care
provision, and to better
protect and safeguard
older people from abuse;
and
• Changes that are needed
to ensure that high quality
care services and support
are available to all older
people that need them.
My term as Commissioner has
coincided with a number of
significant economic changes.
The most challenging of
these changes is “austerity”,
a reduction in real terms
in public spending and the
impact that is having on older
people, in their day-to-day
lives and in the provision of
services for them now and in
the future.
The global trends on an
ageing society are also
happening in Northern
Ireland. With that comes a
lively, vibrant, economically
active and socially productive
population of over 60s. There
will also be a proportion of
our population who are more
than 80 years of age, who
will require more services,
better safeguarding and
more acute care. It is vital
that the services needed are
in place. All my advice to
Government over the last four
years recognises that it has
never been more important
to plan well for older age,
at a personal level and at a
governmental level.
By facing up to the choices
we have to make, by reviewing
and setting out clearly our
spending priorities in health,
justice, care, transport and
housing, Northern Ireland
can protect and safeguard
our older people from harsh
failures and work with them
to make choices, provide
for increasing service needs
and understand better what
matters most to them.
I am convinced that our
politicians believe that they
want Northern Ireland to be
a great place to age. Yet I
remain frustrated by the lack
of decisive action which is
required by Government to
introduce the legislation,
services and policy that would
create the certainty that
today’s and tomorrow’s older
people need and deserve.
There remains a great deal

4
of work to be done to make
Northern Ireland a really great
place in which to age.
No-one who takes on the role
of Commissioner takes on all
of the work themselves and I
am no exception. Throughout
the four years of my term I
have had incredible support
from older people and the
organisations that work with
them. I particularly want to
thank Age Sector Platform,
Age NI, U3A and local older
people’s organisations for
their advice, support, and co-
operation, which has been of
benefit to older people.
I am hugely grateful to my
own team for all the hours of
work and effort that has been
put into the delivery of my
four-year plan. When I took
on this role a very minimal
administration support was
in place. Over the following
two years a number of
agency staff and staff on loan
from the Office of the First
Minister and Deputy First
Minister (OFMDFM) built an
organisation that has grown
and developed. There is
now a team with expertise in
delivering first class support
for the Commissioner. My
particular thanks go to my
senior team, Evelyn Hoy, Chief
Executive and Emer Boyle,
Head of Legal and Policy
Advice for their leadership,
their confidence that what
I wanted to do could be
delivered and their focus
on the needs of the older
people on whose behalf we
all work. Every member of
the COPNI team, past and
present has helped to build a
strong foundation from which
all future Commissioners will
benefit.
I also want to recognise the
work and support of my Audit
and Risk Assurance Committee
who have helped me and my
senior team to build a strong
governance framework that
underpins all the work of the
organisation. Their experience
of public sector management
and governance has been
invaluable to me throughout
my tenure.
Northern Ireland’s older
people are a tremendous
asset, we are a better and
richer society because of our
older people. This generation
has lived through some of the
darkest days of recent times
and yet as a population they
are resourceful, energetic and
positive. Many older people
here are reaching a time in
their lives when they are
becoming more reliant on the
health service, rural transport,
social housing and other
public services. The changes
that are required to deliver
high quality, well-resourced
and well planned services are
achievable.
I call on Government to show
clear leadership, challenge
ageism, value the contribution
made by our diverse
population of older people,
and meet the challenges and
opportunities presented by an
ageing society. Older people
do not have the luxury of time
to wait for action. They need
Government to act in their
interests now.

5
Hope
• Hope that our society
celebrates the good news
that more of us are living
longer and healthier lives.
• Hope that the Government
invests in the health and
wellbeing of the current
and future generations of
older people.
• Hope that future
generations of older
people will see lower
levels of chronic illness
and disability, reduced
pensioner poverty, better
protection from abuse,
improved health and social
care services, and equal and
fair treatment.
Confidence
• Confidence that older
people will be recognised
first and foremost as
individuals who have rights,
have made and continue
to make a contribution to
our society and who make
choices and decisions
about their own lives,
preferences, activities and
opinions.
• Confidence that older
people will receive equal
treatment, will be enabled
to live safe and healthy
lives with their views
and ideas listened to and
considered and have their
contribution to society
recognised and valued.
The Commissioner for Older People published the
Corporate Plan of the inaugural term under the
theme of Hope, Confidence and Certainty.
Certainty
• Certainty that if older
people become vulnerable,
frail or ill, they will receive
the support, services,
respect and care they
need to live dignified and
fulfilled lives through to the
end of life.
• Certainty that protection,
care and support for
vulnerable older people is
an absolute priority for our
society.
HOPE, CONFIDENCE
AND CERTAINTY

6
November 2011 – March 2013 April 2013 – March 2014
Direct engagement with older people and older people’s groups
Advocacy, legal assistance and casework for individual older people
Independent voice for older people in the media, society and advising Government
Consultation with older people and their groups on
themes for the Corporate Plan
Publication of Corporate Plan 2013-15, Hope, Confidence
and Certainty
Development of the Corporate Plan Primary and commissioned research into priorities
published in Hope, Confidence and Certainty
Development of the organisation including
accommodation, temporary staffing, internal policy
development and governance frameworks
Development and delivery of individual assistance
programme for older people
Appointment of Audit and Risk Committee (ARAC) Ageing Strategy Advisory Group – Chairing the group and
providing advice to Government
Internal Audit and Information Technology procurement Crime Clearance Rates – An analysis of the low level of
crime clearance rates for specific crimes against older
people
Endorsement of the DSD’s “Make the Call Campaign” Recruitment of permanent staff
Handling of calls for assistance by older people Advice to Government on the proposed closure of
Statutory Residential Homes
The Inaugural Term - At a Glance

7
April 2014 – March 2015 April 2015 – November 2015
Publication of advice to Government - Appreciating Age –
Valuing the Positive Contribution made by Older People in
Northern Ireland
Domiciliary Care Summit – An examination of the current
status and the scale of change needed to deliver good
quality domiciliary care for older people in Northern
Ireland
Publication of advice to Government – A post-summit
report on changes needed in domiciliary care
Publication of advice to Government – Protecting our
Older People: A Call for Adult Safeguarding Legislation in
Northern Ireland
Publication of advice to Government – Prepared To Care?
– Modernising Adult Social Care in Northern Ireland
Publication of advice to Government – Working Longer in
Northern Ireland: Valuing an Ageing Workforce
Continue to press Government for anti-age discrimination
legislation in relation to the provision of Goods, Facilities
and Services– Review and feedback on emerging policy
proposals
Publication of advice to Government – Supporting Older
Carers: Examining the Reasons for the Low Level of Uptake
of Carers Assessments by Older Carers in Northern Ireland
Ageing Strategy Advisory Group – Chairing the group and
Provision of mediation to resolve dispute between
older people in nursing care and a Health and Social
Care (HSC) Trust
Evidence to Assembly Committees on;-
• Valuing an Ageing Workforce
• Draft Pensions Bill and Reform
• Mental Capacity Bill
• Northern Ireland Public Services Ombudsperson Bill
Publication of advice to Government –
Changing the Culture of Care Provision in Northern Ireland
Introduce Legal Casework Management and Records
Management systems to support the ongoing work of the
office in providing individual assistance for older people
Ageing Strategy Advisory Group – Chairing the group and
Evidence to Assembly Committees on;-
• Supported Living Provision in Northern Ireland
• The need to introduce anti-age discrimination legislation
in relation to the provision of Goods, Facilities and
Services
• Adult Safeguarding
Advice to the Secretary of State for Northern Ireland (with
Age NI and Age Sector Platform) on a number of critical
issues of importance for older people

8
Older people in Northern
Ireland lobbied Government
for the establishment of
a Commissioner for Older
People in Northern Ireland
to be an independent
champion for older people,
who would safeguard and
promote their interests.
The Assembly introduced
legislation that set out a
range of powers and duties
for such a Commissioner and
the Commissioner for Older
People for Northern Ireland
was established in November
2011. Claire Keatinge took
up post that month as the
inaugural Commissioner.
The Commissioner agreed with
the Office of the First Minister
and Deputy First Minister that
she would not draw down the
full powers of her office until
she established an interim
team and put in place a range
of governance measures that
would ensure the proper
running of her organisation.
In 2012 the Commissioner had
put in place a small team of
people to design and develop
an organisation that would
help her to exercise the wide
range of statutory powers and
duties she had to fulfil.
Established in a time of
relative austerity, the
Commissioner’s organisation
has not been funded to a
level envisaged in the original
plans for the office. Even
plans made in 2011/12 had
to be subsequently revised
in light of further and
ongoing cuts to the operating
budget. Nevertheless, the
Commissioner has created an
organisation that supports her
in the key duties of the role,
ABOUT THE
COMMISSIONER AND
THE ORGANISATION
promoting awareness of older
people’s issues, reviewing and
advising Government on the
provision of law, policy and
practice in relation to older
people’s services and assisting
and advocating for older
people directly with public
authorities.
Throughout this term the
Commissioner has recruited
staff to carry out the functions
of the office. At present there
are 12 permanent and 1 agency
members of staff working
across a number of different
functions.
The Commissioner’s Team
The Commissioner’s office is
organised into a number of
divisions;-
• Policy and Research
• Communications and
Engagement
• Legal Office
• Human Resources
• Finance Governance
(including admin support
and casework call handlers).

9
The policy priorities in Hope,
Confidence and Certainty
and legal casework have been
the main focus of the office
during the Commissioner’s
inaugural term but like all
similar organisations, the
Commissioner’s office deals
with many more day-to-day
tasks.
Engaging with older people
across Northern Ireland
The Commissioner and the
Senior Management Team
undertake a wide ranging
programme of engagement
with older people and with
groups that represent them,
including older people’s
organisations, interest groups,
professional, political and
campaign organisations.
This work promotes the
role and function of the
Commissioner’s office
and ensures that the
Commissioner hears directly
from older people on what
matters most to them.
Many older people’s
organisations ask the
Commissioner to speak
to their members, provide
information about her role
and work, or to address
issues relating to older
people that are currently in
the news or are of concern
to groups. These are
valuable opportunities for
the Commissioner to meet
with a wide variety of older
people from a range of
backgrounds.
Themed engagement
programmes have also
been carried out to ensure
that the Commissioner
hears from groups of older
people who may experience
difficulty in having their
say, for example residents
of nursing and residential
homes and minority groups.
More information on the
Commissioner’s engagement
with older people is outlined
in the chapters that follow.
Promoting the role
of the Commissioner
internationally
The Commissioner is
required by legislation
to promote the role of a
Commissioner for Older
People and she has done this
throughout the inaugural
term in a number of ways.
She has addressed a number
of national and international
events promoting the role
of a Commissioner for Older
People to audiences in
a number of countries,
including Finland, Canada,
India, USA and Germany as
well as in the UK and Ireland.
The Commissioner has
promoted the rights of older
people and the positive
contribution older people
make to societies worldwide.
She has drawn attention to
matters of global significance
in an ageing society and has
brought back from these
events, knowledge and
understanding of the impacts
of global ageing trends on
the population of Northern
Ireland.
Informing policy makers
and Government
The Commissioner provides
advice to Government
on a range of issues in
addition to the key priorities
published in her Corporate
Plan. The Commissioner
responds to consultation
papers and materials from
public authorities on issues
affecting older people ranging
from employment law and
pharmacies in the community
to the Blue Badge Scheme
and dementia care. All of the
Commissioner’s responses
to public consultations are
published on her website at
www.copni.org.

10
Responses submitted by
the Commissioner aim to
ensure that the interests of
older people are promoted
and safeguarded when
consideration is given to
any policy or legislative
changes by Government. The
Commissioner and her team
also attend and present at
a range of professional and
academic events and seminars
to network with and influence
key decision makers.
Responsive work is also carried
out on a range of issues
beyond the Commissioner’s
published key priorities. One
issue that emerged during the
Commissioner’s term was the
proposed closure of Statutory
Residential Homes, outlined by
the then Minister for Health,
Social Services and Public
Safety, as part of the overall
programme of change to older
people’s services.
The Commissioner, together
with Age NI, provided advice
to the Minister on best
practice when considering
any planned closure of
residential homes in 2012.
The Commissioner advised
that there should be an
equitable set of criteria at a
regional level, applied in a
transparent manner and that
local consultation take place
with the current residents,
their families and carers
on the closure plans. The
Commissioner advocated on
behalf of all residents of care
homes in the statutory sector
that their quality of life be
adequately protected.
In 2013, a number of Health
and Social Care Trusts
announced individual plans
to make further closures
to statutory residential
homes without taking into
account much of the good
practice, transparency
and consultation outlined
in the Commissioner’s
advice to Government. The
Commissioner met again
with the then Minister for
Health, Social Services and
Public Safety and asked him
to intervene in the planned
closures and ensure that
the process of determining
which homes would be
subject to closure would
follow the good practice
advice which had previously
been given. The Minister
then tasked the Health and
Social Care Board with the
design and implementation
of a transparent and region-
wide consultative process
which would fully address
the concerns of those living
in the statutory homes.
Following this intervention,
all residents living in statutory
residential care homes were
given an assurance by the
Minister that they would be
able to stay in their homes so
long as their care needs could
continue to be met.
Speaking out for older
people in the media
There is increasing media
interest in ageing and older
people and this focus is
welcome and important.
The media, including
local newspapers, radio,
television and the internet
have a powerful influence
on people’s attitudes and
with that comes a great
responsibility to reflect fairly
and accurately the reality of
older people’s lives and the
issues affecting them. The
Commissioner has been a
strong, independent and
constructive commentator
in television, radio and
print media, championing
the interests of today’s and
tomorrow’s older people.
The Commissioner
consistently highlights the
positive contribution older

11
people make to our society;
that we are a better and
richer society because more
of us are living longer and
healthier lives than ever
before. She has championed
the rights of older people
to the services, support,
equality, fair treatment,
dignity and respect they
deserve. The Commissioner
has commented in print
media, on radio and
television that service
providers and Government
must be accountable for
the decisions they make
in planning and delivering
services and support for
older people and that the
views, voices, opinions, ideas
and experience of older
people should be central
to any discussion or
comment about them.
commented on a wide
range of matters, including
transport, health and
social care, the positive
contribution older people
make, crime and justice,
equality, valuing an ageing
workforce, elder abuse,
pensions and pensioner
poverty, proposed closure
of care homes and lifelong
learning.
persistently challenged
the untrue and unfair
characterisation of older
people as an ‘economic
burden’ on society and
called for commentators
and journalists to stop being
ageist and using negative
stereotypes of older people.
She has also called for more
realistic representation of
older people in the media –
as commentators, as opinion
formers and with images
of older people engaged
in every aspect of life. The
Commissioner continues to
use the media to call very
publicly for decision makers to
be accountable and act with
integrity and transparency in
relation to matters affecting
older people.
Ensuring the smooth running
of the Commissioner’s office
The Commissioner appointed
a Chief Executive, Evelyn Hoy,
to oversee the running of her
office in accordance with all
appropriate and proportionate
governance required to meet
the exacting standards of the
management of public money.
In 2012, the Commissioner
appointed an Audit and Risk
Committee (ARAC) to advise
her on governance issues
and to provide independent
assurance and objective
review of the Commissioner’s
financial systems, information
and internal control
mechanisms. The ARAC is
chaired by Gerard Campbell
and comprises, Julie Erskine,
Breidge Gadd and Don
McKay.
The ARAC meet quarterly
and assist the Commissioner
in her role as Accounting
Officer, to ensure that assets
are safeguarded, the risk of
illegal or improper acts is
reduced and confidence in
the objectivity and fairness
of financial reporting is
increased. The term of office
for the Chair and committee
members is 4 years, with the
opportunity to extend for a
further 4 year term.
The COPNI Annual Report
and Statement of Financial
Accounts is published
annually and laid before the
Northern Ireland Assembly.
Copies of the Annual Report
and Statement of Financial
Accounts for each year of
operation of the inaugural
term are published on the
Commissioner’s website at
www.copni.org.

12
ENGAGEMENT
WITH OLDER
PEOPLE
The UN Principles for Older
People have influenced the
work of the Commissioner
from development to action.
Participation by older
people has been at the heart
of all the Commissioner’s
advice to Government. The
Commissioner undertakes
regular engagement with
older people’s groups and
individuals across Northern
Ireland, including older
people living in nursing and
residential homes.
Throughout her term of
office, the Commissioner
has engaged with more than
10,000 older people and has
spoken at a range of events
across Northern Ireland,
the UK, Europe and further
afield on the work she has
undertaken to improve the
lives of today’s and tomorrow’s
older people in Northern
Ireland. The graphic on the
next page shows locations
visited as part of the work of
People, both in and outside of
Northern Ireland.

13
The Commissioner for Older
People has a statutory duty
to advise Government and
relevant authorities on matters
concerning older people,
and throughout the past
four years she has engaged
extensively with politicians,
Northern Ireland Assembly
members, Committees and
Government Ministers to
promote and safeguard the
interests of older people in
Northern Ireland. Much of
the advice to Government is
covered in further chapters.
However, the Commissioner
has also intervened in a range
of issues, reacting to events as
they unfold or responding to
specific requests from older
people. A selection of such
interventions include:
• Giving evidence to the
Social Development
Committee on the draft
Pensions Bill
• Giving evidence to the
Public Safety Committee on
Supported Living
• Providing advice to the
Minister for Health, Social
Services and Public Safety
on good practice when
considering the closure of
residential settings for older
people
• Prior to the Westminster
elections the Commissioner
met with political parties
to press for action relating
to issues of importance to
older people
Berlin
Prague
India
Boston
Quebec
Helsinki
Cardiff
Blackpool
Newcastle
Upon Tyne
Dundalk
Northern
Ireland
Dublin
LondonBristol

14
The Commissioner for Older
People provides assistance
to individual older people
who need advocacy or legal
support.
Many older people find it
difficult to deal with public
authorities, to make a
complaint, to secure a service
or to get their views listened
to. Clear, factual information
that empowers older people,
together with advocacy when
assistance is required are
essential for older people to
be able to exercise their rights,
choices and interests.
The assistance that the
Commissioner provides
helps and empowers the
individual older person to
get resolution of the issues
they face. It also ensures
that the Commissioner is
aware of many of the real
challenges and problems
which older people are
dealing with and can advise
Government effectively
about the changes they
need to prevent the same
problems from recurring.
Over the course of the
Commissioner’s term her
legal officers and case work
administrators have assisted
older people on a diverse
range of issues. These are
described in Table 1.
The Commissioner’s team
signpost a lot of enquiries
to the right agency or
organisation that provides
the most relevant assistance.
Almost half of the calls
received are referred to
Benefits Agency, Health
Trusts and other advice
agencies. The cases that the
Commissioner deals with
directly are tested against
strict case acceptance
criteria. In accordance with
People Act (Northern Ireland)
2011, the Commissioner is
obliged not to duplicate
the work of another public
authority. However, where
an older person is having
problems dealing with a public
authority the Commissioner
can advocate on their behalf.
This is done in a number of
ways such as writing letters
or making telephone calls on
behalf of an older person,
or the Commissioner’s
legal officers can attend
meetings in an observer,
advisory or advocacy role.
The Commissioner can also
provide direct legal assistance
in cases involving older
people and service providers
(public authorities) that are of
a strategic interest to older
people. When older people
have experienced difficulties
with public authorities the
Commissioner can also
encourage the use of or
provide access to alternative
dispute resolution.
ADVOCACY AND
LEGAL SUPPORT
FOR OLDER PEOPLE

15
Issues (by theme) What we do
Carers matters Assisting older carers and carers of older people to access and
secure support for their own needs and appropriate services for the
older people they care for.
Complaints about health
and/or social care
matters
Assisting older people and providing advocacy support in
complaints about health and/or social care services where a
complaint has not been resolved by the formal processes in place in
Health and Social Care Trusts.
Complaints against
public authorities
complaints about a range of services where a complaint has not
been resolved by the formal processes in place in the relevant public
authority.
Consumer affairs
including fraud, cold
calls and scams
Assisting and providing advocacy support for older people who have
been subject to sharp practice or dishonest trading practices.
Crime against older
people
Assisting and providing advocacy support for older people who have
been victims of crime and need additional support or are unaware
of support from specialist victim support agencies.
Disability discrimination Monitoring and examining instances of discrimination on the basis
of disability that is associated with or arises from older age.
Age discrimination Monitoring and examining instances of discrimination on the basis
of age.
Financial matters
including benefits,
pensions, financial
services, insurance,
and protection from
financial abuse
authority or commercial company.
Table 1 – Casework themes
The following table shows the kinds of matters that older people
ask the Commissioner to examine for them, or to advocate on
their behalf. It also explains the activities the Commissioner’s
legal officers undertake in such cases.

16
Issues (by theme) What we do
Housing and planning
issues, including
sheltered housing
and supported living
complaints
authority.
Human Rights issue(s) Monitoring and examining instances of human rights violations on
the basis of age, or of importance to older people.
Nursing and residential
homes
complaints about nursing home services where a complaint
has not been resolved by the formal processes in place in the
private company or by the Health and Social Care Trust that has
commissioned the care.
Residential homes Assisting older people and providing advocacy support in
complaints about residential home services where a complaint
has not been resolved by the formal processes in place in the
private company or by the Health and Social Care Trust that has
commissioned the placement.
Safeguarding and
protection from risk
of harm
Assisting older people who are at risk of harm. Providing advocacy
support to older people and carers in relation to formal and
informal investigations into allegations of abuse.
Transport Assisting older people and providing advocacy support in
authority or commercial company.
Whistleblowing Assisting employees who have provided information that highlights
matters of concern in the treatment of older people in statutory or
private care settings.

17
2011/12 2012/13 2013/14 2014/15
Enquiries 230 166
Quick Interventions 76 164
Complex cases 38 48
All live cases 77 137 114 212
Case studies
The following are some
examples of cases of
individual assistance that the
Commissioner has undertaken.
The details, like names and
places, have been changed
for reasons of confidentiality.
These examples are used to
show that individual cases
of difficulties experienced
by older people can bring to
light issues of importance
to many other older people.
Individual cases such as these
can and do trigger broader
research and investigations
by the Commissioner, and
can result in formal advice
to Government and public
authorities.
Table 2
Number of cases under consideration each year
The following table shows the numbers of live cases under consideration each year in each category;-
Enquiries:
Matters dealt with primarily
by the Administrative Team
of COPNI. Generally involving
signposting or provision of
basic level information.
Quick Interventions:
Matters requiring additional
assistance of a specific
and/or legal nature
including telephone advice,
correspondence and basic
advocacy support. Matters
referred to a designated Legal
Officer. Resolution ordinarily
anticipated within 12 weeks.
Complex Case Files:
Cases of strategic interest to
the office requiring specialist
internal support, or of a more
complex nature. Managed by
designated Legal Officer who
will provide detailed legal and
other advice.
Prior to 2013, data on live cases was not categorised by case type; since 2013 it has been helpful
to collate data in categories to show all enquiries received from older people, their families and
carers, those cases which require a small amount of intervention to resolve them, and complex
cases. The categories are described below;
Cases and Enquiries opened

18
The Commissioner was
asked to intervene in a
dispute between families
of residents of a hospital
ward in the community and
the Health and Social Care
Trust when they proposed its
closure. The patients of the
ward were all older people
living with dementia, many
of whom had been resident
in the facility for more than
5 years. The families of the
patients were very satisfied
with the services provided by
the Trust in the facility and
were concerned about the
proposed closure. The Trust
was required to propose the
closure as the facility was
no longer fit-for purpose
under existing regulatory
standards and would require
uneconomical levels of
refurbishment, which would
also require the transfer of
patients for the duration of
the work.
At the point when the
Commissioner was asked
by the families to intervene,
relationships between Trust
officials and the families had
broken down. There was a
loss of trust between the
parties that was preventing
discussions moving forward.
The Commissioner
appointed an independent
facilitator to design and
deliver a process that would
bring about a resolution that
would best serve the older
people living with dementia
who were central to the
dispute. Through a series of
separate and joint meetings
the independent mediator
brokered a resolution to
the dispute that all parties
could accept. The positive
outcome was that the older
people were provided with
alternative accommodation
in the statutory sector that
fully met their assessed
health needs. The families
felt that their concerns had
been heard and constructively
addressed and the Trust
were satisfied that they had
fully met the needs of the
older people involved, had
mitigated any risk of negative
publicity and had repaired the
relationships with the families
involved.
The Commissioner would
recommend that Trusts and
other public authorities avail
of independent mediation
services or other forms of
alternative dispute resolution
at the early stages of any
dispute that cannot be easily
resolved.
CASE STUDY 1:
MEDIATION
OF DISPUTES

19
The Commissioner received
complaints from the niece
of an older person residing
at a local nursing home.
The family of the older
person had made a series of
complaints directly to the
nursing home management.
They were concerned about
management procedures,
feeding practices, attitude of
some staff members, hygiene
and continence management.
When the family contacted
the Commissioner they
expressed concern that their
complaints weren’t being
dealt with and the issues
were continuing. From the
nursing home management
side the Commissioner
was told that the family’s
requirements were not
reasonable and the trust
and respect between the
family and management
had broken down.
asked to intervene as this
relationship breakdown had
led to the possibility that the
older person would be asked
to leave the home. Due to
the nature of the contract
under which many older
people reside in residential
care, an older person can
be evicted from a nursing
home with very little notice
and without recourse to an
appeal of the circumstances.
The Commissioner facilitated
a meeting between the
parties which was attended
by a legal officer from the
Commissioner’s office. The
Commissioner acted as an
impartial broker, seeking
to protect the rights and
interests of the older person
at the heart of the case.
An agreement was reached
between parties to permit
the 100-year old resident to
remain in the nursing home
and the Commissioner’s
legal officer continued to
monitor the case.
This case raised the
Commissioner’s interest in the
degree of legal protection
available to older people in
residential and nursing care
settings. The contract for the
provision of care for some older
people is between the Health
and Social Care Trust and the
nursing or residential home. In
such a case the older person has
limited legal protection against
the withdrawal of a service or
eviction from the home. The
Commissioner has raised her
concerns about this with the
Services and Public Safety. In
her report Changing the Culture
of Care Provision in Northern
Ireland, the Commissioner
advised that the contract
through which older people
occupy care homes must be
reviewed so that as long as the
home can meet the assessed
needs (of the older person),
they cannot be evicted without
due process, reasonable due
cause, and without appropriate
alternative care being in place.
CASE STUDY 2:
CENTENARIAN RESIDENT
OF A NURSING HOME
THREATENED WITH EVICTION

20
The family of an older
person contacted the
Commissioner about
difficulties their relative
was experiencing during
building works at their home
to provide adaptations
for increased disability.
This older person was
experiencing mobility
problems and a degenerative
visual impairment. They
wished to continue living
alone in their own home.
They applied for a grant
from the Housing Executive
to extend their home
to create a ‘wet room’
downstairs, addressing
their disability needs.
A local housing agency
was providing technical
support through the grant
programme, so the family
were satisfied that someone
was giving advice and
practical assistance in the
design and construction of
the extension. Near the
completion of the building
works the family became
concerned that the new
extension was not meeting
the needs of the older
person.
The new room had a small
window but was primarily
reliant on overhead spotlights
for lighting. This degree of
artificial light was inadequate
for the older person who had
visual impairment. The family
was worried that it would
make use of the new room
very difficult. The older
person was not confident
in their dealings with the
agent and the builder and
expressed to their family that
they felt their concerns were
not being listened to. They
said they felt intimidated by
the builder and didn’t want to
be on their own in the house
with him. The older person’s
family had difficulties
obtaining a resolution with
the Housing Executive, the
builder and the housing
association and contacted the
Commissioner for advice and
assistance.
When the Commissioner
intervened in this case her legal
officer, undertaking an advocacy
role, made representations
to the Housing Executive and
its agent with responsibility.
Each aspect of the case from
the provision of the grant, the
assessment of the older person’s
needs and the support provided
by the agent was examined
to see where the breakdown
between the parties had arisen.
The legal officer also examined
the handling of the complaints
arising from the case.
The case was resolved
through the intervention of
the Commissioner and the
necessary changes to the
building works were carried out.
The Commissioner also met
with the Housing Executive
and the agent to discuss the
lessons to be learned from
this case. It was clear that the
processes and procedures in
place to provide the aids and
adaptations, and to assist in
the provision of them, had
failed in some key areas. All
the parties in this case were
open to learning from it, and to
making changes to processes,
procedures and practice.
CASE STUDY 3:
PROVISION OF DISABILITY AIDS AND
ADAPTATIONS FOR A PERSON LIVING
WITH AGE RELATED DISABILITY

21
contacted by the family of
an older person to tell her
about a situation where their
relative was subject to unfair
and unethical treatment by
a commercial company. The
older person lives alone and
is relatively independent.
They received a cold call
from a telecommunications
network provider with whom
they already had a mobile
phone contract. As a result
of a telephone conversation
with a sales person, the older
person apparently agreed to
purchase a second hand set
in addition to the phone that
they already used. It is not
clear that the older person
understood what they were
purchasing at the time and
the family were not aware
that they were being sold an
additional mobile telephone.
When the new mobile phone
arrived at their home the older
person wasn’t clear that they had
agreed to purchase it. They had
sought to return the phone to
their mobile telephone network
shop in the local town centre.
The staff at the shop advised the
older person to speak directly to
the network provider as it had
nothing to do with them.
The older person left the new
mobile phone in the box and
it was never activated. They
began to receive bills for the
two phones in their possession.
They contacted the telephone
provider and were advised that
the 30 day ‘cooling off period’
in the sales contract had lapsed.
They were informed that they
could end the new contract if
they were prepared to pay a
termination fee, otherwise they
were told they had contracted
to pay the monthly bill for
two years. This older person
lives on a fixed low income
and was unable to pay to end
the contract. They then paid
two mobile phone bills for
a prolonged period before
eventually contacting their
daughter for assistance.
The older person’s daughter
contacted the network provider
by phone and in writing. The
company would not refund
any monies that had been paid
on the 2nd contract but instead
offered to provide 6 months free
line rental. In total the customer
was paying an additional fee
for 31 months. The daughter has
requested a copy of the signed
contract between the provider
and her parent as well as a
transcript of the phone call that
took place during the initial ‘sell’.
These had not been provided
when the older person’s daughter
contacted the Commissioner.
The Commissioner’s legal
officers are acting on behalf of
the older person and will make
representations to the network
provider regarding sales practice,
cancellation procedures for older
people as well as seeking full
re-imbursement of monies paid
over 31 months.
This kind of sharp business
practice and the intransigence of
big commercial firms to resolve
such complaints is extremely
frustrating for families and older
people. Older people living
alone are not easily protected
from cold calls and pushy sales
practices. It is clear in this case
that the older person did not
understand the contract they
had undertaken and it was not
easy for their family to resolve
the matter when the goods were
received.
CASE STUDY 4:
COMMERCIAL COLD CALLS
TO OLDER CUSTOMERS

22
CRIME
CLEARANCE
RATES
Crime against older people
is widely and rightly
condemned across our
society. The impact of crime
on older people can be
overwhelming, causing fear,
isolation and sometimes
causing the older person to
move from their own home
into residential or sheltered
accommodation. Wide
ranging crime prevention
initiatives are welcome, with
the Policing and Community
Safety Partnerships working
hard to reduce crime and
fear of crime.
Older people in Northern
Ireland are unlikely to become
victims of crime. Police
Service of Northern Ireland
statistics show that crime
against older people is a
relatively rare occurrence.
However older people express
relatively high levels of fear
of crime and it is an issue that
is frequently raised with the
Commissioner. Each incident
of crime experienced by an
older person is traumatic for
the victim and it is vital that
everything possible is done
to prosecute perpetrators
of crime and deter repeat
offences. Many older people
say that they have a lack of
confidence that offenders are
brought to justice for crimes
against them.
Too few perpetrators of
crime against older people
are arrested, charged and
convicted. This poor
clearance or ‘outcome’ rate
must be improved to reduce
fear of crime and increase the
likelihood that those who
would commit crime against
older people know that
they are likely to be held to
account and prosecuted.
The Commissioner’s team
undertook an analysis of
statistics from the Police
Service in Northern Ireland
(PSNI) and one of the
particular issues that arose
was that the rates of detection
and prosecution of crimes of
burglary, criminal damage and
theft were consistently and
significantly poorer when the
victim is an older person.
This project set out to
highlight the disparity in the
clearance or ‘outcome’ rates
for crimes of burglary, theft
and criminal damage against
older people and to work with
PSNI and the Policing Board
to see an improvement in the
detection and prosecution of
such cases.

23
Actions Findings
F1 Analysis showed that clearance rates for
burglary, criminal damage and theft, were
consistently and significantly poorer for
older people than for any other age group.
F2 Over the six year period examined
from April 2007 to March 2013, victims
of crime under 60 years old were almost
twice as likely to see their cases cleared
as those aged 60 and over.
A2 The Commissioner highlighted the poor
clearance rates for crimes of burglary,
criminal damage and theft against older
people through engagement with the PSNI
and the Policing Board.
A3 The Commissioner met with
representatives from:
• The PSNI
• The Northern Ireland Policing Board
• The Probation Board for Northern Ireland
• The Public Prosecution Service and
• Victim Support NI
A1 The Commissioner reviewed and analysed clearance rates for crimes against older
people, analysing official Police Service of Northern Ireland (PSNI) statistics gathered
over a six year period.
F3 The Commissioner published
An analysis of the clearance rates
for crime against older people in
Northern Ireland - 2007/08 to 2012/13.
See www.copni.org/publications
for a copy of the full report.
A4 The Commissioner lobbied the
Policing Board to develop new
operational targets in the Policing
Plan to increase the detection and
prosecution rates.

24
The Commissioner
recommended that new
targets be introduced in the
draft Policing Plan for 2015
-2016 including measureable
targets for the first time
specifically relating to
crimes against older people.
The plan now includes a
commitment by March
2016 to;
• Improve the outcome rate
for domestic burglary in
which older persons are
victims by 2%, compared
to the outcome rate
recorded for 2014 - 2015.
• Reduce the number of
domestic burglaries and
robberies in which older
persons are victims by 2%
compared to the number
recorded for 2014 – 2015.
Further to this, the plan makes
reference to the commitment
to improving the service
to vulnerable groups and
to encouraging increased
reporting by victims of crime
who are older people.
The Commissioner calls for
more work to be done to
increase respect for older
people, include them in the
design and delivery of victim
support services and to
protect them from crime.
The work undertaken on
‘outcome’ rates for domestic
burglaries and robberies by
the Policing Board and the
Police Service of Northern
Ireland is a welcome start
and the Commissioner
anticipates seeing clear
progress in tackling crimes
against older people.

26
COMBATING
PENSIONER
POVERTY
The “Make the Call” campaign
The number of older people
living in poverty has fallen
steadily over the past
15 years and this is very
positive. Protection of the
‘triple lock’ which uprates
the Basic State Pension
by the higher of either
earnings, prices or 2.5% is
also very welcome. Winter
fuel payments, free eye
tests, free prescriptions,
free public transport and
TV licences for the over 75s
continue to make a very
positive difference to the
lives and independence of
older people.
However, too many older
people still live on low, fixed
incomes and find it hard
to make ends meet from
week to week. Other older
people living in their own
homes find it impossible to
replace household items or
carry out essential home
repairs. Older people living
on inadequate incomes can
have difficulties eating well
or heating their home, and
they can find it increasingly
difficult to participate fully
in family and community life.
Older people do not always
take up all of the benefits or
entitlements that they are
due. An estimated £60million
a year goes unclaimed by older
people in Northern Ireland.
This money could and should
be paid to the older people
who are entitled to it – but
lack of knowledge about
entitlements, assuming that
they will not be eligible and a
reluctance to claim ‘benefits’
prevents many older people
from claiming and receiving
much needed additional
income.
Through involvement with
the Department for Social
Development’s (DSD) ‘Make
the Call’ campaign over
the past four years, the
Commissioner has encouraged
older people to make sure
that they are receiving all the
benefits that they are entitled
to. Barriers to claiming include
worry about the process,
means-tested rules and the
perceived stigma associated
with claiming benefits. Many
older people also do not know
what support is available to
them, don’t know who to ask
for help, or are afraid to ask.
It is vital that older people
know about, can claim, and
receive the benefits to which
they are entitled, so that they
have an adequate income to
enable them to live dignified
and fulfilled lives.

27
The Commissioner commends the Minister for Social Development on the success of “Make the
Call” campaign and the fact it has increased the awareness among older people, their families and
their carers of the benefits to which they are entitled.
A1 The Commissioner has worked with the
Department of Social Development to
increase awareness of pension credit benefits
and many other benefits that older people
are entitled to but are not claiming.
A2 The Commissioner appeared in promotional
materials including leaflets, press articles
and a national television advertisement.
The Commissioner actively endorsed the
campaign and encouraged older people and
their carers to “Make the Call” to a benefits
adviser to check that they are receiving all
the benefits that they are entitled to.
A3 The Commissioner has signposted
callers and correspondents to the
“Make the Call” campaign and referred
to the campaign in literature, web
materials and through inclusion in the
Commissioner’s speeches and media
comment.
F1 In each of the years of the campaign
benefits claimed by older people
increased in the following amounts;
2011/12 £3.3 million
2012/13 £2.5 million
2013/14 £3.6 million
F2 Ongoing evaluation of the “Make the Call”
campaign by the Department of Social
Development, shows that in 2012/13 and
2013/14 respectively 51% and 66% of older
people felt reassured about making a
benefits check because the Commissioner
was involved in and endorsed the
campaign.
F3 A similar analysis examined the impact
of the Commissioner in the campaign
materials in relation to carers of older
people. In that case 57% in 2012/13 and
65% in 2013/14 said they felt reassured
about making a benefits check because
the Commissioner was involved.
* Figures from DSD’s analysis and
evaluation of the ‘Make the Call’
advertising campaign.
Actions Findings

28
Valuing the positive contributions made
by older people in Northern Ireland
Northern Ireland is a better
and richer society because
more of us are living longer
and healthier lives than ever
before. Older people make
enormous contributions to
every aspect of our family,
community, economic
and civic lives. Too often
however, we hear very
negative voices talking about
older people as though they
are somehow a social and
economic ‘burden’. This is
deeply offensive and hurtful
– and it is untrue.
For the first time for
Northern Ireland, a
comprehensive economic
assessment has been
undertaken in order
to calculate the value of
the contributions older
people make.
The Commissioner examined
the positive economic
and social contribution
that older people bring to
society through their skills,
knowledge and experience.
This analysis attached an
economic value to the
contributions made by older
people in Northern Ireland
including volunteering,
caring, childcare and
replacement parenting and
projected this over the next
50 years. The analysis also
considered the expected
costs relating to older
people from the public purse
over the next 50 years.
The result found that over
the next 50 years, Northern
Ireland will be almost £25
billion better off because of
our ageing population.
Simply put, the results show
that older people put a lot
more economic value into
society than they take out.
APPRECIATING
AGE

29
A1 The Commissioner undertook the
development of an economic assessment
of the direct contributions of older people
to society over the next 50 years and
analysis of the direct costs of an ageing
society over the same period.
A2 The Commissioner engaged with older
people to capture real life stories of
contributions to society in volunteering,
caring, childcare, working and investing.
F1 The total value of the contributions made
through caring, childcare, replacement
parenting, volunteering, working and paying
taxes far outweigh the projected cost of
spending related to an ageing society over
the next 50 years in Northern Ireland.
F2 Economic contributions to be made by
older people are projected to total £117
billion over the next 50 years, whilst the
cost directly associated to older people
is expected to be £92 billion, which
means that their net positive economic
contribution is forecast to be a huge
£25 billion.
A3 The Commissioner published the report
Appreciating Age and promoted the
positive message about older people’s
contribution to society through media
activity.
A4 The Commissioner undertook a round of
pre-election party meetings to discuss
how older people would be portrayed in
manifestos, using the evidence published
F4 Election literature from all political parties included language that was positive in its
portrayal of older people and the valuable contribution they make to society.
F3 Appreciating Age presents clear evidence
supporting a need to change the way
people refer to older people, discouraging
negative stereotypes that are unfair and
untrue, promoting the use of positive
language that champions the real value
of the varied contributions that older
people make.
in Appreciating Age to directly challenge
negative stereotyping or the portrayal of
older people as a burden on society or
government services.
A5 Within the Commission’s office, all
publications and the language used when
speaking about older people, are positive
and reflect the value of their contribution
to society.
Actions Findings

30
The Appreciating Age report
and the evidence of the
positive contribution of older
people is now being cited
in academic reports and
literature. It is in use by policy
makers and others who affect
the services delivered to older
people. The positive language
now appears frequently in
speeches, discussions and
reporting of older people and
aging. It is impossible to track
the direct impact of every
use of this material but it is
much more common to hear
negative portrayal of older
people being challenged by
the evidence put forward in
the Commissioner’s report,
Appreciating Age.
The Commissioner continues
to directly challenge the
negative stereotyping of older
people and the unfair and
untrue view that older people
take more from society than
they put in. The evidence
now exists that older people
remain net contributors to
society in economic as well as
social terms.
The full report can be found at
www.copni.org/publications.

31
The Commissioner for Older People,
Claire Keatinge launching Appreciating
Age on International Day of Older Persons.

32
PROTECTING OUR
OLDER PEOPLE IN
NORTHERN IRELAND
Most older people live day-
to-day free from the risk of
harm, but as people become
older vulnerability to harm
can increase and people can
require additional support
to keep them safe, secure,
healthy and flourishing.
Abuse of older people
takes many forms. It can
take place in people’s own
homes or in institutional
settings. Perpetrators of
abuse include ‘friends’, family
members, neighbours, paid
health and social care staff
and others who have access
to vulnerable or frail older
people who can be bullied
and intimidated. Abuse can be
physical, financial, sexual, and
psychological and can include
neglect. All of these create
fear and destroy the older
person’s quality of life and right
to enjoy their later years.
The Commissioner is aware
that older people want to have
confidence and certainty that
they will be protected from
harm. There is a significant
increase year on year in the
numbers of reported allegations
of abuse against older people
and more cases than ever are
being reported to the Northern
Ireland Adult Safeguarding
Partnership. There is growing
awareness that abuse of older
people has always taken place,
and acceptance that everything
possible must be done to
protect older people from
abuse.
The laws that protect everyone
from harm can be and are used
to protect older people, but
there are additional powers
needed to ensure that abuse of
older people can be properly
investigated and actions can
be taken to protect older
people from further harm.
Immediate protection must be
provided where necessary and
professionals must be able to
intervene effectively when an
older person is being abused.
Through extensive engagement
with older people and their
representative organisations the
Commissioner received feedback
indicating that there was a lack
of clear legal guidance for older
people, their families, carers
and practitioners leading to a
poor understanding of the laws
protecting older people.
The Commissioner examined
the adequacy and effectiveness
of the legal framework that
enables social and care
workers, health workers,
police officers and others
to provide adequate, timely
and effective protection to
older people at risk of harm.
The Commissioner notes the
progress to improve protection
of all people who have
diminished capacity, however
many older people with full
mental capacity still live at
risk of harm.
New legislation and guidance
for those responsible for the
protection of older people
at risk of harm is urgently
needed. The Commissioner’s
call for new Adult Safeguarding
Legislation received unanimous
support from MLAs during
a debate in the Northern
Ireland Assembly. This must
be a priority for action by
Government.
A Call for Adult Safeguarding Legislation

33
A1 The Commissioner obtained research
from a consortium of academics and
practitioners from Queen’s University
Belfast and the University of Ulster, to
compare adult safeguarding law and
practice in Northern Ireland, the United
Kingdom, the Republic of Ireland, America
and Australia.
A3 The Commissioner then published and
launched a report, Protecting our Older
People: A call for Adult Safeguarding
Legislation in June 2014.
A4 The Commissioner met with the
Ministers for Justice, and for Health,
Social Services and Public Safety
to formally present the recommendations
from her report.
A2 The Commissioner undertook wide-ranging
discussions and engagement with adult
safeguarding professionals, organisations
working with older people, legal
practitioners including members of
the Judiciary and senior representatives
of the Health and Social Care Trusts.
A5 The Commissioner and Professor John
Williams of Aberystwyth University gave
advice and evidence to the Committee for
Health, Social Services and Public Safety.
F1 Older People in Northern Ireland are not
protected by specific, dedicated adult
safeguarding legislation equal to the laws
operating in England, Wales and Scotland.
F2 Current legislation to protect older people
from abuse is unclear, disjointed, draws
upon several different laws, and whilst it
offers protection to individuals who have
been deemed to lack mental capacity,
those with mental capacity are not
afforded the same protections from abuse.
F3 There is a need for a single Adult
Safeguarding Bill in Northern Ireland to
increase the powers and duties of those
charged with protecting older people at risk
of harm.
F4 In addition to the specific recommendations
made to Ministers, the Commissioner
further outlined five areas of proposed
legislative change that would merit further
consideration at Departmental level.
Actions Findings

34
In her report Protecting our
Older People in Northern
Ireland – A call for Adult
Safeguarding Legislation the
Commissioner recommended
the introduction of a single
Adult Safeguarding Bill which
would clarify and modernise
the legislative framework
protecting older people in
Northern Ireland.
Older people cannot wait
any longer to be better
protected from the scourge
of abuse. It is vital that new
adult safeguarding legislation
is brought in without delay by
the Northern Ireland Assembly.
The full report and detailed
recommendations are
available at www.copni.org/
publications.

35
Professor John Williams,
Aberystwyth University, The
Commissioner for Older People,
Claire Keatinge, Edwin Poots MLA,
the then Minister for Health,
Social Services and Public Safety
and Lesley McDowell, Chair of
Northern Ireland Association of
Social Workers at the launch of
the report.

36
WORKING LONGER
IN NORTHERN
IRELAND
Many of us have the potential
to live longer, healthier
and more economically
productive lives than
previous generations. This
is great news for society and
for our economy. Often
we hear about how much
longer people will need to
work, and the removal of
the mandatory retirement
age is often reported in a
negative light. However,
many older people including
a large number of people
already in receipt of state
pension want or need to
remain economically active.
In Northern Ireland our
workforce tends to continue
in a traditional pattern of
full-time work to the age
of retirement followed
by a sudden stop and the
beginning of an economically
less active retirement.
Negative stereotyping of
older workers still exists and
can be detrimental to both
employees and employers.
Many people want to
work into later life. Some
older people continue
working because they
need the income, whilst
others say they like the
company and feeling
valued; they enjoy making
a contribution and being
part of a team, and they
add value to the business
they work in and the wider
economy. Older workers
are usually experienced in
their field, make significant
contributions to a range of
types of employers, work
well as team members, are
keen to learn new skills, and
deserve the opportunity to
work in jobs that suit them
for as long as they want to.
Too many employers do
not invest in the positive
recruitment and Human
Resource practices that
would assist older people
to remain in employment.
Employers would benefit
considerably from
understanding what they can
gain by giving older workers
opportunities, and valuing
their positive contribution
and experience. Inclusive
recruitment practices,
training and development,
supporting employee health
and wellbeing, better support
for flexible working and for
carers and more skill and
confidence of managers to
manage and support an age
diverse workforce are all
essential.
Government can lead
Northern Ireland to a more
prosperous and sustainable
future by promoting the
value of older workers to the
economy, and supporting
employers to develop
and manage age diverse
workforces. As a society
we also need to examine if
there are more productive
patterns of employment
and retirement that are
Valuing an Ageing Workforce

37
more beneficial to both
employees and employers.
The Commissioner highlighted
the economic and social case
for supporting older people
to remain in employment
in Northern Ireland, and
debated among employers
and older people what
practical steps needed be
taken to increase support
for an ageing workforce.
A1 The Commissioner convened a series of
meetings with employers, employees and
recent retirees to establish the different
perspectives on working in and employing
an ageing workforce.
She also met with older people seeking
employment.
A2 The Commissioner commissioned
external research from the International
Longevity Centre that was specifically
focused on Northern Ireland evidence
of the labour market, demographics and
economic analysis.
F1 There is a strong economic case for
employers to better support employees
to work beyond 65 on the basis that the
number of people aged 16-64 is expected
to fall by 1.9% between 2013-2037, whilst
the number of people aged over 65 is
projected to increase by 75%.
F2 Economic output could be 4.4% higher
in 2037, which translates to £2.3 billion,
if employment rates for the over 65s
continued to increase rather than
remaining stagnant.
F3 There are demonstrable benefits of an
age-diverse workforce and the research
evidence dispels the myth that older
people are less effective and take more
sickness leave.
F4 There is no evidence supporting the view
that older people remaining in work,
threatens jobs for younger people.
Actions Findings
A3 The Commissioner published a report of
findings Working Longer in Northern Ireland
- Valuing an Ageing Workforce and launched
the recommendations to Government arising
from the research.
A4 The Commissioner met with the Minister for
Employent and Learning to formally present
the recommendations from her report.
A5 The Commissioner gave advice and
evidence to the Employment and Learning
Committee regarding findings of the
research and proposals for change.

38
The Commissioner published
a report Working Longer in
Northern Ireland - Valuing an
Ageing Workforce which
set out recommendations
to government and
employers. The full
report and detailed
recommendations are
available at www.copni.org/
publications.
To the Minister for
Employment and Learning:
• Employment policies should
reduce the extent to which
retirement is a ‘cliff edge’
event.
• Increase awareness of the
deferral of state pension
rules and make the benefits
of deferral clearer.
• Increased support for those
providing informal care.
• Steps to tackle
unemployment and
economic inactivity must
include measures to include
older people.
• Investment in learning and
development should include
older people including
subsidies for training and
retraining of older workers
changing their employment.
• Investment by the Executive
in information campaigns
to show employed
older people’s positive
contribution.
• Rebalancing the current
system of funding for
employers through
apprenticeships.
To Employers
• Strategically consider
the consequences of
our ageing society and
associated employment
practices.
• Greater provision for
flexible working and
phased retirement.
• Increased encouragement
and use of occupational
health to help identify
health problems early.
• More promotion of
healthy living in workplace.
• Better recruitment
processes to ensure older
age not used as a reason
not to hire someone.
• Support the take up of
training and development
by all age groups.
Summary of Recommendations

39
Lisa McIlvenna, Business in the
Community NI, Junior Minister
Jennifer McCann, Nixon Armstrong,
Northern Ireland Pensioners
Parliament, the Commissioner
for Older People, Claire Keatinge,
Ben Franklin, International Longevity
Centre – UK and the then Junior
Minister Jonathan Bell at the
report launch.
39

40
SUPPORTING
OLDER CARERS
Caring for family, friends
and neighbours has been
and remains an important
part of our history and
culture. Thousands of older
people provide care for
their partner, spouse or
adult child with disabilities
so that they can continue
to live at home in the love,
company and surroundings
that are familiar to them.
There is not enough support
for older carers – many of
whom have health challenges
of their own. Caring can be
very rewarding, and most
carers want to do the very
best they can to support
the person who needs care
but it is also demanding and
tiring and can lead to social
isolation and living on low
incomes. Too often, older
carers do not get the respite
care, training, information or
support they need and their
own health and wellbeing
suffers.
Older carers must be a
significant priority for
Government action with the
respite and support services
they need provided at a much
higher level than currently
available.
The 2006 Government
strategy, Caring for Carers,
includes lots of information
about and for carers. It
specifically says that “Carers
are real and equal partners in
the provision of care”. This
is not the reality for a lot
of older people providing
care for relatives and loved
ones. The Commissioner’s
engagement with older
people paints a very different
picture of what it is like to be
old and providing care for a
spouse, sibling or a younger
person with special needs.
It is a stressful, difficult and
tiring job, especially for those
coping with ill health or
disability themselves.
As carers these older
people are entitled to an
assessment of their own
health and support needs.
There are two key purposes
for such an assessment;
• It enables the carer to
manage their own needs
effectively, and to seek
appropriate help and
assistance.
• It also enables the Health
and Social Care system
to plan services for carers
and to understand the size
and scale of caring being
provided by carers.
The assessment process
examines information from
all the different aspects of an
individual’s life as a carer and
provides the opportunity for
that carer to talk with a social
care professional about what
could better support them in
their caring role. The outcome
of a carers assessment can result
in the provision of help and
support to assist the carer with
their needs.
There is a low uptake of these
assessments in Northern Ireland.
The Commissioner undertook
primary research to increase
understanding of the low rates
of uptake and what impact
the low rate of assessments is
having on carers, the Health
and Social Care system and the
provision of services to carers.
Examining the Reasons for the Low Level of Uptake
of Carers Assessments by Older Carers in Northern Ireland

41
A1 The Commissioner undertook research to establish why Northern Ireland has such a low
uptake of carers assessments by older carers and what impact this has on the carers and on
the wider Health and Social Care system.
A2 The Commissioner published the findings of the research and made a series of
recommendations to the Minister for Health, Social Services and Public Safety on how the
uptake of carers assessments could be improved.
F1 The level of uptake of carers assessments
by older carers remains unacceptably low,
despite a statutory obligation by the Health
and Social Care Trusts to inform carers of
their right to an assessment.
F2 There are no targets set for the Health and
Social Care Trusts to help to identify older
carers and to deliver on their statutory
requirement to carry out assessments of the
carers needs.
F3 The Health and Social Care system cannot
make plans, design and deliver services for
carers based on evidence of need as it is not
adequately measured.
F4 The process of assessment is viewed by
many older carers as a “paper exercise”
that does not result in the support and
services needed by the older carer and
the administration process of the carers
assessment needs to be carried out in a
way that reassures the older carer and is
flexible to their needs.
F5 Some older carers fear that receiving a
carers assessment is in some way linked to
their benefits and entitlements, and could
cause a loss of service or support.
Actions Findings

42
The Commissioner gave
the following advice to the
Services and Public Safety
in relation to improving the
uptake of Carers Assessments
by older carers;
• Set clear targets for the
assessment of the needs of
older carers.
• Increase awareness of
support services available
to older carers.
• Provide assurance that the
needs of older carers will
be met, so that they can
continue caring for as long
as possible.
• Increase flexibility around
the process of assessing the
needs of carers.
• Change the focus of the
assessment form and make
it easier, focussing on the
support and assistance
available to older carers.
Government in Northern
Ireland must do more to
support older people who
continue to provide care for
others. It must be made easier
to seek and get help, to have
your own health and social
care needs met, and to know
where to turn at a time of
crisis.
The Commissioner calls
on the Minister for Health,
Safety to implement the
recommendations.
It is time for a new strategy
for carers and this time, the
strategy must focus on real
and practical assistance for
those who are providing care.

43
Dr John Johnston with the
Commissioner for Older People,
Claire Keatinge at the launch of
Supporting Older Carers.
43

44
CHANGING THE CULTURE
OF CARE PROVISION IN
NORTHERN IRELAND
Certainty that high quality
care is available to every
older person who needs it,
when they need it, and at the
level and quality they need
is absolutely essential. It is
important that older people
and their relatives can have
confidence in the system and
delivery of regulated care
services in Northern Ireland.
The Commissioner is aware
of care for older people that
is of high quality and meets
the needs of the individual
older person. However,
the legal casework and
advocacy undertaken by the
Commissioner, engagement
directly with older people,
reports by the Regulation
and Quality Improvement
Authority (RQIA) and media
reporting of instances of poor
care highlight issues of ongoing
concern. The Commissioner is
concerned that standards of
care in some care services are
not operating at an acceptable
level and that the amount of
domiciliary care provided to
support older people at home
can be insufficient.
Across nursing, residential
and domiciliary settings,
older people are still not
confident or certain that they
will be cared for in ways that
support them to live dignified
and fulfilled lives. Timely
enforcement action, better
support and protection for
individuals in care as well as
whistle blowers would lead
to improvements in the
overall culture of care in
Northern Ireland.
The adverse effects of poor
care on older people’s lives
can be devastating. Poor
quality care, thinking of older
people as passive and helpless,
not taking their views and
preferences into consideration
and not providing enough
care all chip away at the
older person’s dignity, rights,
confidence and sense of
self-worth.
Radical change is required.
Government must plan,
resource, and ensure good
quality of care is available.
Older people must be
absolutely certain that if
they become frail, live with
dementia, experience or are at
risk of abuse, or are otherwise
vulnerable, the care services
they need will be available to
them without question at
the level they need, and the
quality they deserve.
The Commissioner’s concerns
were further exacerbated by
the findings of the RQIA in
the report titled Independent
Review of the Actions Taken
in Relation to Concerns
Raised about the Care
Delivered at Cherry Tree
House, Carrickfergus. The
independent review outlined
significant and repeated failures
of regulated care including a
lack of timely enforcement
action, a lack of protection and
support for the whistle blower,
an inspection process lacking in
a person-centred focus, a lack
of protection for individuals
and a poor culture of care.

45
F1 The Commissioner found that there are
instances of excellent care providers and
workers who are dedicated to providing
high quality care that supports older people
to live full, dignified lives, through to the
end of life.
F2 There are also unacceptable instances of
poor care and a failure to deal appropriately
with it by the statutory bodies and agencies
charged with regulation, inspection and
service delivery.
F3 The Commissioner developed thirteen
recommendations included in Changing
the Culture of Care Provision in Northern
Ireland which ranged from care standards
and inspection processes, enforcement,
whistleblowing and protection, and
cultural changes in the provision and
management of care services.
A1 The Commissioner undertook research
into the provision and regulation of care
in Northern Ireland and systems in place
elsewhere in the UK and Ireland.
A2 The Commissioner engaged with academics,
senior figures from those who provide
care in England, Wales and Scotland, older
people’s groups, carers’ groups, trades
unions, and family representatives.
A3 The Commissioner conducted a series
of interviews with a wide range of
stakeholders including those who receive
care services. These were examined
alongside a review of the law and policy
in place to determine care standards.
Actions Findings

46
The Commissioner provided
the following advice to the
Services and Public Safety;
1. The rights, quality of life,
dignity and care needs of
vulnerable older people
should be at the heart of
planning, delivering, regulating
and inspecting care services;
it is their needs that must
matter the most.
2. Standards for the care of
vulnerable older people
should be clearly displayed
and available to all service
users and their families
and relatives of all nursing,
residential and domiciliary
care services as well as for
any prospective users.
3. Inspection processes should
be rigorous, with decisive
and timely enforcement
action taken when failings
are detected.
4. The regulation and inspection
service should include a
rating system for care homes
and domiciliary services. In
addition to an overall rating,
it should clearly identify if
there are any breaches of
regulations or failures to
comply with improvements
required.
5. There should be clear and
rigorously applied sanctions
taken against care providers
for non-compliance with the
minimum standards.
6. Persistent or serious
breaches of regulation and/
or compliance should result
in decisive sanctions being
applied without delay and
within a defined timeframe.
The sanctions that should
be applied should include
de-registration of owners
and managers, home closure,
financial penalties as well
as suspension of new
admissions to care homes,
and domiciliary care services.
7. Health and Social Care Trusts
should not continue to place
vulnerable older people in
nursing and residential care
homes, or with domiciliary
care services, where there
are serious unresolved
compliance failures and
unacceptable standards of
care.
8. New legislation to better
protect older people from
abuse should be enacted in
Northern Ireland without
delay. This should include a
criminal charge of ‘corporate
neglect’ to allow prosecution
of care home and care

47
service owners who abuse
and neglect older people in
homes they own or services
they run.
9. Health and Social Care
Trusts and older people
who self-fund their care
should be entitled to a
refund of part of their fees
paid for any time that a
care home fails to meet the
required standards.
10. ‘Whistleblowers’ and older
people or relatives who
raise concerns about poor
care or abuse should be
better supported and better
protected from unfair
treatment.
11. A well-trained and
registered social care
workforce, which is
respected, valued and
properly remunerated with
opportunities for career
progression, is essential.
12. Complaints processes,
safeguarding procedures
and details of the
organisations which can
assist complainants should
be made clear to all
prospective and current
service users, their relatives
and staff of care services.
13. The contract through
which older people
occupy care homes should
be reviewed so that as
long as the care home
can meet their assessed
needs, they cannot have
their tenancy terminated
without due process,
reasonable due cause,
and without appropriate
alternative care being in
place.
This report tackles one
of the most complex and
multi-faceted issues that
affect older people. The
system of care provision,
regulation and inspection
and accountability for the
safety of older people in care
settings involves a wide range
of Government departments
and agencies, contractors and
private sector providers.
expressed her frustration that
it is difficult to find a single
accountable organisation or
person and her concern that
this situation perpetuates the
risk that older people are not
adequately protected from
poor treatment or
sub-standard care.
The Commissioner reiterates
her advice and calls on the
Minister to implement the
recommendations from
Changing the Culture of Care
Provision in Northern Ireland
or explain to older people in
Northern Ireland how he will
improve care for older people.
The full report is available at

48
PREPARED TO CARE?
Care and support when
we need it is important to
everyone. Whether it be
for ourselves, a relative
or friend, everyone knows
someone who depends on
care services to support
them to lead dignified and
fulfilled lives. We must all
have certainty that high
quality care and support
will be available when
we need it. This care and
support can be provided at
home, in residential or other
community settings.
The Department of Health,
Safety defined Adult Social
Care in their publication
Who Cares? The Future of
Adult Care and Support
in Northern Ireland. The
definition of Adult Social
Care is “services provided
or secured by HSC Trusts
towards adults who need
extra support, either to live
their lives as independently as
possible, who are vulnerable
or who may need protection.
Examples of services include
day care, domiciliary care,
nursing and residential
Modernising Adult Social Care in Northern Ireland
home care, equipment and
adaptations and the provision
of meals”.
High quality care and support,
whether in day centres,
at home or in nursing or
residential homes, treats older
people with respect and puts
their needs and individual
choices at the heart of the
service. Care and support
should be provided early,
when older people can be
supported with a ‘little bit of
help’ to remain independent
and active as well as when
needs become more complex.
Older people have told the
Commissioner that they and
their families are uncertain
about what to expect from
social services, what they are
entitled to, what services are
available and who to turn to
when asking for help. Many
older people only receive an
assessment of their needs
for social care after a period
of ill health, a fall or a crisis.
There is a widespread lack of
knowledge about what social
care older people can expect
and may be entitled to.
Older people tell the
Commissioner that uncertainty
of this kind makes it harder
to plan for the future,
understanding their rights and
entitlements. Families and
carers of older people are
often subject to additional
stress when they try to cope
with changing circumstances
and don’t know who to turn to
for help. The Commissioner is
concerned that older people
are living with this degree
of uncertainty around the
provision of services that
directly affect the quality of
their lives.
The law and policy
surrounding Adult Social
Care dates back some 40 years.
The legal framework is out-
dated, unclear and uses old
fashioned terminology and
definitions that do not apply
to older people any more.
Northern Ireland now needs
new legislation to set out
clearly how adult social care
will be developed, resourced
and provided – with a clear
focus on making sure that
older people know what their
rights and entitlements are.

49
A1 The Commissioner engaged with
professional health and social care
practitioners to gain insight into the current
legislative framework and to assess if it
remains adequate and fit-for-purpose.
A3 The Commissioner and her team developed
a set of recommendations on how best
to reform Adult Social Care for Northern
Ireland.
A4 The Commissioner engaged directly with
older people using AgeNI Peer Facilitators
to gather evidence of the problems older
people experience arising from poor law,
guidance and practice. Older people
provided a rich source of information about
positive and negative aspects of their
contact with the Health and Social Care
system.
A2 The Commissioner asked a team of leading
academics in the field of Adult Social
Care from Queen’s University Belfast, the
University of Leeds and Pennsylvania State
University (USA), to review the law and
policy in Northern Ireland and compare it
to international good practice.
A5 The Commissioner published a report
Prepared to Care? Modernising Adult Social
Care in Northern Ireland in June 2015 to an
audience of policy makers and stakeholders,
which featured contributions from the
Department of Health, Social Services and
Public Safety and leading health economist
from the London School of Economics,
Mr Raphael Wittenberg.
F1 Current legislation and policy guidance is
outdated, confusing and fragmented both
for practitioners and for older people.
F2 Older people are not clear about the social
care services that are available to them or
how to access these services.
F3 Legislative reform that is person centred and
based on human rights principles is required
to bring Northern Ireland legislation and
practice up to a similar standard as other UK
countries.
F4 There is a lack of direct and reliable data
being collected in relation to current
service provision and unmet need.
F5 There is evidence of regional and
geographic differences in services
provided, and there appears to be a
‘postcode lottery’ emerging in the
provision of care services around
Northern Ireland.
Actions Findings

50
The Commissioner delivered
a report to the Minister for
Public Safety. The report
contained specific advice;
• There should be a new
single legislative framework
for Adult Social Care with
accompanying guidance for
implementation.
• All older people in Northern
Ireland should be offered a
Support Visit upon attaining
75 years, by an appropriately
trained professional.
• Future funding arrangements
must be equitable and must
not discriminate against
any groups including older
people who may have
higher levels of need.
The Commissioner is calling on
the Minister for Health, Social
Services and Public Safety to
examine the changes to law
and practice that would bring
clarity to older people about
the type, level and quality of
social care they can expect and
to provide updated legislation
that supports better practice
and more clarity for older
people.
The full report is available at

51
Dr Joe Duffy, Queen’s University
Belfast, the Commissioner for Older
People, Claire Keatinge, Marjorie
Aitken, Mr Raphael Wittenberg,
London School of Economics
and Dr Gavin Davidson, Queen’s
University Belfast at the launch
of Prepared to Care? Modernising
Adult Social Care in Northern
Ireland.
51

52
ACTIVE AGEING
STRATEGY
When the Commissioner
took up post Government
was developing a ten-year
strategy to promote ‘Active
Ageing.’ The concept of
‘Active Ageing’ is described
by the World Health
Organisation as continuing
participation in social,
economic, cultural, spiritual
and civic affairs, not just
the ability to be physically
active in terms of physical
exercise or to participate
in the labour market. This
means it’s about being
active in whatever way
suits a person’s preferred
way of living.
Throughout her four-year term
the Commissioner chaired an
Aging Strategy Advisory Group
(ASAG) comprising members
from a range of older people’s
organisations and other
agencies with expertise on
ageing issues. The ASAG has
informed Government on the
content aims and tone of the
developing strategy.
The content of the draft
Active Ageing Strategy
outlines Programme for
Government activities in
line with the 5 key aims of
the UN Principles of Ageing:
• Independence
• Participation
• Care
• Self-fulfilment
• Dignity

53
The development of an Active
Ageing Strategy for Northern
Ireland is a welcome start
but a lot more is required
and Government must take
a decisive lead in order to
achieve the goal of healthy
older people who are
supported to enjoy the life
that they want to lead, and
who remain a positive resource
for their families, communities
and the economy.
The Commissioner is
supportive of the intent of the
emerging Strategy in drawing
together the current activities
of government and joining up
the activities of departments
where they can improve
the provision of a service.
The Commissioner also
welcomes a clear statement
of the positive contribution
of older people and their
value to society.
Implementation of all actions
included in the emerging
strategy will be vitally important
to deliver the improvements
to services for older people
in Northern Ireland. The
Commissioner is grateful for
the work and expertise of the
ASAG and calls on Ministers to
agree and launch the Strategy,
and to ensure focus remains
on the delivery of services
for older people.
A1 The Commissioner chaired 14 meetings
of the ASAG.
A2 She held information briefings with the
ASAG including introducing the prominent
expert on ‘Active Ageing’, Professor Alan
Walker.
A3 The Commissioner provided advice to
OFMDFM Junior Ministers and officials on
the development of:
• The strategy;
• Action plan; and
• Indicators to monitor progress of
the strategy post-implementation.
A4 The Commissioner has also published a
written response to the public consultation
of the draft Active Ageing Strategy.
Actions Findings

54
Older people and their
representative organisations
have been asking
Government to provide
greater legal protection from
discrimination for some time
and the Executive committed
to the introduction of
legislation in the Programme
for Government (PfG) 2011-
2015 that would make it
unlawful to discriminate
against a person on the basis
of their age in relation to the
provision of goods, facilities
and services.
Although people in Northern
Ireland are protected from
ageism and discrimination in
employment, older people
here do not enjoy the same
protections as older people in
England, Wales and Scotland
against discrimination on the
grounds of their age with
regards to the provision of
goods, facilities and services.
The Commissioner has been
made aware that older people
are being discriminated against
on the basis of their age in areas
such as health and social care,
financial services, retail services
and accommodation services.
Some examples of the unfair age
based practices that have been
identified in research include:
• Some insurers using age as a
proxy for risk and excluding
people from accessing
financial services purely on
the basis of age;
ELIMINATING AGE
DISCRIMINATION IN THE
PROVISION OF GOODS,
FACILITIES AND SERVICES

55
• Some retailers assuming
that older people are
incapable of signing a
contract without a younger
person present to explain
the details; and
• Some older people being
denied access to particular
medical treatments on the
basis of their age.
worked closely with Age
Sector Platform and Age NI
to hold Government to its
commitment to introduce age
discrimination legislation that
protects older people. Along
with the Equality Commission
for Northern Ireland and
the Northern Ireland
Commissioner for Children
and Young People, the
Commissioner has encouraged
Government to place duties
on public authorities to end
discrimination, promote
equality of opportunity for
people of different ages, and
also to encourage positive
attitudes and relations
between people of different
ages. Legislation on its own
will not get rid of ageist
attitudes in our society but
it is vital for older people in
order to be able to challenge
discrimination when it occurs
At publication of this report,
the Office of the First Minister
and Deputy First Minister
has commenced a public
consultation on proposals
for new legislation that will
protect everyone over the
age of 16 from discrimination
on the basis of their age in
relation to the provision
of goods, facilities and
services. The Commissioner
is contributing to the
consultation and the ongoing
scrutiny of any proposed
legislation to ensure that the
views and interests of older
people are promoted and
safeguarded.

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